Robbery

What Is Robbery?

Under section 94 of the Crimes Act 1900 (NSW), robbery occurs where a person:

• Steals property from another person or their presence, and
  

• Uses force, threatens force, or assaults the person in order to take that property. 
  

The law recognises that force may be implied and that a victim’s fear for their safety — not just physical contact — can be enough to satisfy the offence. 

Unlike simple stealing, robbery specifically involves confrontation with another person. It is treated as a serious indictable offence in NSW. 

Types of Robbery Offences

The Crimes Act 1900 (NSW) sets out multiple robbery offences, depending on the circumstances of the incident:

Standard Robbery – Section 94

• Taking property from a person by force or fear.
  

• Maximum penalty: 14 years’ imprisonment. 
  

Aggravated Robbery – Section 95

• Robbery with additional “aggravating circumstances” such as violence or deprivation of liberty.
  

• Maximum penalty: 20 years’ imprisonment. 
  

Robbery With Wounding – Section 96

• Robbery committed where the offender wounds or inflicts grievous bodily harm on a person.
  

• Maximum penalty: 25 years’ imprisonment. 
  

Robbery While Armed or In Company – Section 97

• Robbery committed while armed with an offensive weapon, or in the company of others.
  

• Standard penalty: 20 years’ imprisonment; aggravated circumstances can increase this to 25 years. 
  

Armed Robbery & Wounding – Section 98

• Robbery in company or armed, where wound or grievous bodily harm is inflicted.
  

• Maximum penalty: 25 years’ imprisonment. 
  

Penalties & Court Outcomes

Penalties vary widely based on the specific offence and the court where the matter is heard. In NSW, robbery offences are generally indictable and may be heard in the Local or District Court depending on the severity and circumstances. 

Possible outcomes include:

• Full-time imprisonment,
  

• Fines,
  

• Community-based orders,
  

• Intensive Correction Orders,
  

• Non-conviction orders or dismissals,
  

• Conditional release orders. 
  

The court will also consider aggravating and mitigating factors, including the use of weapons, harm caused to victims, your criminal history, early guilty plea and personal circumstances. 

Why You Need Skilled Defence

Robbery matters involve complex elements — including identifying whether force or fear was used and whether the prosecution can prove each element beyond reasonable doubt. There are also legal defences that may apply depending on your case, such as:

• Claim of Right (honest belief of legal entitlement to the property),
  

• Duress or coercion,
  

• Mistaken identity,
  

• Insufficient evidence presented by police or prosecution. 
  

At ADADA Legal, our criminal lawyers focus on analysing your evidence, explaining your options, and crafting ideas for your defence to achieve the best possible result. We appear in all NSW courts and work tirelessly to protect your rights.

Robbery Frequently Asked Questions

What must the prosecution prove to convict me of robbery?

To prove robbery, the prosecution must show you took property from a person or their presence and used or threatened force or assault to obtain it. Both elements must occur at the same time. 

Is robbery the same as stealing?

No. Robbery involves stealing from a person through the use or threat of force. Stealing alone, without force, is a separate offence. 

Can a robbery charge be downgraded?

In some cases, with the assistance of skilled defence, prosecutors may agree to reduce charges or consider alternative offences depending on the evidence. Early legal representation improves these prospects. 

What defences are available to a robbery charge?

Possible defences include a genuine belief in a legal right to the property, duress, mistaken identity, or challenging the reliability of evidence. Each case is unique. 

What penalties could I face if convicted?

Penalties range from community orders and fines to many years’ imprisonment, depending on the type of robbery offence and aggravating factors present.